Gibson v. Seney
Supreme Court of Iowa
Appeal from Cerro Gordo District Court.— Hon. Clifford P. Smiti-i, Judge. Mary E. Seney and Gertrude E. Heyer owned the S. % of lots 1 and 2 in block 29 in South Mason City, subject to a mortgage of $1,000, and, through their agents, Charles Seney and G. A. Stearns, agreed to exchange them to Robert Gibson & Son for the interest of Robert Gibson in the S. E. yi of section 12, in township 127 N. of range 144 in Grant county, Minn., to which he held a contract from the owner…
Read the full summary
Appeal from Cerro Gordo District Court.— Hon. Clifford P. Smiti-i, Judge. Mary E. Seney and Gertrude E. Heyer owned the S. % of lots 1 and 2 in block 29 in South Mason City, subject to a mortgage of $1,000, and, through their agents, Charles Seney and G. A. Stearns, agreed to exchange them to Robert Gibson & Son for the interest of Robert Gibson in the S. E. yi of section 12, in township 127 N. of range 144 in Grant county, Minn., to which he held a contract from the owner to convey upon the payment of $4,330 and the execution of four notes in the sum of $125 each to Seney and Steams. In…
1Opinion of the Court
Laud, O.’ J'.:
*386aSdCeqS?¿biIal issues, trial. *385The issues, aside from those raised by the counterclaim, were at law, and for this reason the court rightly declined to transfer the cause to the equity side of *386the calendar. The counterclaim presented equitable issues only, but these were such as are fully disposed of by the trial of those at law, so that a verdict rendered a hearing of the equitable issues unnecessary. As the action was at law, the court did not err in directing the trial of the issues raised by the petition and answer first.' Morris v. Merritt, 52 Iowa, 496; Johnston v. Robuck,…
2Cases cited10 opinions
- State v. BradySupreme Court of Iowa · 1896
- State v. GrayOregon Supreme Court · 1904
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- Twogood v. AlleeSupreme Court of Iowa · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. OlsonSupreme Court of Iowa · 1925
- Keller v. HarrisonSupreme Court of Iowa · 1908
- Lynch v. SchemmelSupreme Court of Iowa · 1916
- St. Peter v. Iowa Telephone Co.Supreme Court of Iowa · 1911
- Farmers National Bank v. PrattSupreme Court of Iowa · 1922
10 more not listed; retrieve them via the Exa API.